1. Chapter Five Protection of the Environment at the Local and International Levels
After reading this chapter, you will be able to:
Understand the role of zoning and planning at the local level in environmental sustainability
Define permitted, conditional and nonconforming uses
Describe the use of a comprehensive plan
Understand the role of international law in environmental concerns

2. Sustainable Development
Sustainable development is development that meets today’s needs while preserving the ecosystems for future generations. (e.g.)
1. Solar Energy
2. Wind Energy
3. Crop Rotation
4. Efficient Water Fixtures
5. Green Space---Parks and other areas where plants and wildlife are encouraged 

3. Permitted, Conditional, and Nonconforming Uses
Permitted: use identified as allowed in zoning district
Conditional: use that is permitted in a zone if it meets certain criteria
Nonconforming: use that existed before zoning restrictions and does not comply with those restrictions

4. Comprehensive Plan
A comprehensive plan is a plan for a community’s future development.

5. Flaws in the Plan
Zoning and planning laws have been criticized, not only because they infringe on the rights of property owners, but because they sometimes preserve some of a community’s worst traits.
Zoning can sometimes be exclusionary, excluding unpopular uses.

6. Trends in Land Use Regulation
Mixed-use development, so that uses normally separated can be combined in one development.
Cluster or zero lot line development, to preserve open space in large parcels.
Incentives to owners who grant open space, agricultural, or conservation easements.
Transfer development rights, which grants the ability to transfer the right to develop a particular density to another, reducing densities in an environmentally sensitive area.

7. Trends in Land Use Regulation
Incentives to redevelop environmentally contaminated brownfields or to commit to infill development, the development of property in an already developed area.
Performance or incentive zoning, which allows the developer to choose from a menu of municipal goals.

8. Role of International Law
Pollution does not respect international boundaries
Because local, state, and federal efforts with respect to the environment can be undermined by pollution from other nations, the EPA’s Office of International Affairs (OIA) works to connect EPA initiatives to projects of other nations.

9. Chapter Six Due Diligence in Transactional Law
After reading this chapter, you will be able to:
Define due diligence
Identify how to secure protection from liability
Describe the components of an environmental compliance program
Describe use of environmental inspections

10. Due Diligence
Due diligence is the careful inquiry and/or procedures (diligence) required (due) to secure protection from liability.

11. Comprehensive Environmental Response, Compensation and Liability Act CERCLA
Describes who is liable for contamination
CERCLA liability is retroactive:
A party may be held responsible even if the hazardous substance disposal occurred before CERCLA was enacted in 1980

12. PRP
A PRP is a Potentially Responsible Party, possibly liable for contamination
PRPs include:
current owner and operator
owner or operator at the time of disposal of any hazardous substances
Any person who arranged for the disposal or treatment of hazardous substances, or arranged for the transportation of hazardous substances for disposal or treatment
Any person who accepts hazardous substances for transport to the site and selects the site

13. CERCLA Defenses The law includes defenses for the following groups:
Secured creditors
Innocent landowners
Bona fide prospective purchases
Contiguous property owners
Brownfields programs

14. Brownfield Site
The definition of a brownfield site is very broad and includes property with real or perceived contamination with specified exclusions.

15. Leases A lease should address:
Warranties—does the landlord warrant that the property is not contaminated; does the tenant warrant that it will not use or store toxic materials?
Responsibility for required remediation and standards for remediation
Responsibility for fines and penalties imposed by governmental bodies
Insurance or bonding to cover potential financial liabilities

16. Environmental Whistleblower
An environmental whistleblower is an employee who reports concerns about violations of environmental laws.
Whistleblower provisions prohibit actions such as:
Blacklisting
Demotion
Discharge
Disciplinary actions
Failure to hire or rehire
Harassment
Suspension

17. Property Transfers and Due Diligence
The process of evaluating proposed transfer properties for potential environmental contamination and liability is referred to as a Due Diligence Audit (DDA).

18. Process may be called… Property Transfer Assessment
Environmental Site Assessment (ESA)
Environmental Baseline Assessment
Transaction Screen
Phase I ESA
Environmental Due Diligence Report

19. Due Diligence Audits (DDA)
Used to identify any undisclosed environmental problems associated with a piece of property prior to purchase.
The scope of property transfer assessments often is much broader and focuses more on business risks and liabilities as opposed to regulatory compliance.

20. DDA
Private lenders first used the due diligence process as a mechanism to head off CERCLA liabilities for properties in their loan portfolios.
Due diligence reviews have subsequently become an industry standard, required by lending institutions, for all loans and investments in real property.

22. Due Diligence Audit (DDA)
The purpose of an DDA is to help real estate owners, financiers, and asset management firms understand site liabilities and manage—rather than react to—any associated costs and activities for site cleanup.

23. DDA Phases Phase I—Acquisition Liability Assessment
Phase I determines whether environmental contamination is likely to be present at a property which may result in future environmental liability.
comprises pre-audit activities, site visit, records review, regulatory review, geologic and hydrogeologic review, report preparation, and report re­view.

24. Phase Il—Confirmation Sampling
Phase II is performed when Phase I identifies potential areas of contamination.
limited site sampling to confirm, or deny, suspected contamination identified in Phase I.

25. Phase Ill—Site Characterization
Phase III is a comprehensive study to fully characterize the nature and extent of contamination at a property and any affected populations or environmental re­ceptors.
Phase Ill typically includes: plan development, site characteriza­tion, risk assessment, remedial technology recommendations, cost estimation, report preparation and reviews.

26. This document is 100% funded by a $2. 2 million grant from the U. S
This document is 100% funded by a $2.2 million grant from the U.S. Department of Labor, Employment and Training Administration (TAACCCT). The product was created by the grantee and does not necessarily reflect the official position of the U.S. Department of Labor. The Department of Labor makes no guarantees, warranties or assurances of any kind, express or implied, with respect to such information, including any information on linked sites and including, but not limited to, accuracy of the information or its completeness, timeliness, usefulness, adequacy, continued availability, or ownership.
This work is licensed under a Creative Commons Attribution 4.0 International License.